In-store CCTV systems are used all over the world. They help ensure the security of individuals and goods; identify thieves and aggressors; and discourage customer and employee theft. However, in France the implementation of a CCTV system and the use of CCTV footage is restricted by law in light of the potential for infringement of privacy rights.

In France, employee privacy rights are protected – even in the workplace. If an employer wants to use in-store surveillance recordings as evidence of employee misconduct, several conditions must be satisfied:

  • If employees are within camera range, the employer must first inform and consult with the companyfs worksf council and inform each employee individually of the implementation of a CCTV system. Notices must also be posted to alert anyone entering the store that the premises are under CCTV surveillance and provide information on how to request a copy of relevant footage.
  • Cameras filming in any public space must be authorized in advance by the local prefecture (which may take several months). If cameras are filming (and the images are recorded) in areas closed to the public, such as stock rooms, the retailer must file a declaration with the French data protection authority before filming begins.
  • Cameras may film store entrances and exits, cashier desks, aisles or storage rooms . but cameras are strictly forbidden within dressing rooms and restrooms.
  • Filming must be restricted to the extent necessary for the protection of the employerfs security. In this regard, the French data protection authority considers that continuous monitoring of employee activity in order to verify proper job performance is illegal. The authority has imposed a fine against an employer in this regard. Permanent monitoring is, however, tolerated in limited cases. For example, the French data protection authority considers that it is permissible to monitor an employee who handles money, such as at a cashier desk. In such a case, however, the camera should film the cash handling rather than the employee.
  • CCTV footage may be preserved for no longer than one month.

Recent court cases in France have taken a more balanced approach to employee privacy by upholding an employer's right to use CCTV footage as evidence to dismiss an employee, even when the works council had not been consulted. In both cases, an employee had been dismissed for theft in the workplace outside normal working hours and the conduct was captured on CCTV. Although the employees attempted to argue that the CCTV system was illegal because the company's works council had not been informed, the courts considered that the employer did not have an obligation to inform and consult the works council because the CCTV systems in question were operated only to ensure security within the store, not to monitor employees' activities during working hours.

© DLA Piper

This publication is intended as a general overview and discussion of the subjects dealt with. It is not intended to be, and should not used as, a substitute for taking legal advice in any specific situation. DLA Piper Australia will accept no responsibility for any actions taken or not taken on the basis of this publication.


DLA Piper Australia is part of DLA Piper, a global law firm, operating through various separate and distinct legal entities. For further information, please refer to www.dlapiper.com